The Bombay Government Premises (Eviction) Act, 1955 

(Mah. Act No. II of 1956)* 

[ 12th January 1956 ] 

An Act to provide for the eviction of certain persons from Government Premises 
and for certain matters connected therewith. 

WHEREAS, it is expedient to provide for the eviction of certain persons from Government premises and for certain matters connected therewith; 
It is hereby enacted in the Sixth Year of the Republic of India as follows :-  

1. Short title:-This Act may be called the Bombay Government Premises (Eviction) Act, 1955. 

1-A. [Application.] Deleted by Bom. 62 of 1959, s. 3. 

2. Definitions:-In this act, unless the context otherwise requires,- 

(a) “competent” authority” means an officer appointed as the competent authority under section 3; 

1[(b) “Government premises” means any premises belonging to,  2*** or taken on lease by the State Government, and includes 3[the premises 
requisitioned or continued under  requisition under the Bombay  Land Requisition Act, 1948 and allotted by the State Government for any non-
residential purpose to any department or office of the State Government or Central Government or any public sector undertaking or corporation 
owned or controlled fully or partly by the State Government or any co-operative society registered under the Maharashtra Co-operative Societies 
Act,  1960  or  any  foreign  consulate,  by  whatever  name  called,  and  on  the  date  of  coming  into  force  of  the  Bombay  Rents,  Hotel  and  Lodging 
House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996, 4[are in their occupation 

 
 
 
 
 
 
 
  
  
or possession] and], any premises taken on behalf of the State Government on the basis of tenancy or other like relationship  by, or in the name 
of, any officer subordinate to the State Government authorised in this behalf; 5[and also includes any premises belonging to, or taken on lease 
or held by, or on behalf of- 

1. Clause (b) was deemed always to have been substituted by Mah. 12 of 1969, s.2 

2. The words "or requisitioned" were deleted, by Mah. 35 of 1981, s.6 

3. This portion was inserted by Mah. 16 of 1997, s.7 

4. These words were substituted with effect from the 7th December 1996 for the words "are allowed by the State Government to  remain in their occupation and possession". by Mah. 14 of 
1998, s.5 

5. This was added by Mah. 46 of 1976, s.2 

(i) any company as defined in section 3 of the Companies Act, 1956  (I of 1956) in which not less than fifty-one per cent of the paid-up share 
capital is held by the State Government; 

(ii) any Corporation (not being any such Company or a local authority) established by or under any Central or State Act and owned or controlled 
fully or partly by the State Government]. 

6(iii) a Wakf, registered with the Maharashtra State Board of Wakfs 

6. Added  by Mah. Act 1 of 2008. 

(c) “land” includes benefits to arise out of land and things attached to the earth or permanently fastened to the earth or permanently fastened to 
anything attached to the earth; 

(d) “premises” means any land or building or part of a building and includes- 

(i) the garden, grounds and out-houses, if any, appertaining to such building or part of a building; and 

(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof: 

(e) “prescribed” means prescribed by rules made under this Act 

3.  Appointment  of  competent  authorities:-The  State  Government  may,  by  notification  in  the  Official  Gazette,  appoint  an  officer  who  is 
holding  or  has  held  an  office,  which  in  its  opinion  is  not  lower  in  rank  than  that  of  a  Deputy  Collector  or  an  Executive  Engineer,  to  be  the 
competent authority for carrying out the purposes of this Act 7[in such area, or in respect of such premises or class of premises in any area, as 
may be specified in the notification and more than one officer may be appointed as competent authority in the same area in respect of different 
premises or different classes of premises]. 

7. These words were substituted for the words "in such area as may be specified in the notification" by Bom. 62 of 1959, s.4 

4. Power to evict:- (1) If the competent authority is satisfied -- 

(a) that the person authorised to occupy any Government premises, has whether before or after the commencement of this Act,- 

(i) not paid rent lawfully due from him in respect of such premises for a period of more than two months, or 

8[(ii)  sub-let  the  whole  or  any  part  of  such  premises,  without  the  permission  of  the   State  Government,  or  the  competent  authority,  or  the 
officer  who  has  or  in  whose  name  the  premises  are  taken  on  behalf  of  the  State  Government,  or  any  other  officer  designated  by  the  State 
Government in this behalf, or] 

8. Paragraph (ii) was substituted for the original by Mah. 12 of 1969, s.3(a) 

9[(iia)  committed, or is committing such acts of waste as are likely to diminish materially the value, or impair substantially the utility, of  the 
premises, or] 

9. Sub-clause (iia) was inserted by Bom. 62 of 1959, s.5(a) 

(iii)      otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises, or 

(b)        that any person is in unauthorised occupation of any Government premises; or 

(c)        that any Government premises named are required for any other Government purposes, 

the competent authority may  10*** by notice served (i) by post, or (ii) by affixing a copy of it on the outer door or some other conspicuous 

  
  
part  of  such  premises,  or  (iii)  in  such  other  manner  as  may  be  prescribed,  order  that,  that  person  as  well  as  any  other  person  who  may  be 
occupation of the whole or any part of the premises, shall vacate them within one month of the date of the service of the notice. 

10. The words "notwithstanding anything contained in any law for the time being in force" were deleted by Mah. 12 of 1969, s 3(b). 

11[(2) Before an order under sub-section (1) is made against any person the competent authority shall issue in the manner hereinafter provided 
a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. 

The notice shall- 

(a) specify the ground on which the order of eviction is proposed to be made; and 

(b)  require  all  persons  concerned,  that  is  to  say,  all  persons  who  are,  or  may  be,  in  occupation  of,  or  claim  interest  in,  the  Government 
premises, to show cause, if any, against the proposed order, on or before such date as is specified in the notice 

If such person makes an application to the competent authority for extension of the period specified in the notice, the competent authority may 
grant the same on such terms as to payment and recovery of the amount claimed in the notice, as it deems fit. 

Any written statement put in by any person and documents produced in pursuance of the notice shall be filed with the record of the case and 
such person shall be entitled to appear before the officer proceeding in this connection by advocate, attorney or pleader. 

The  notice  to  be  served  under  this  sub-section  shall  be  served  by  having  it  affixed  on  the  outer  door  or  on  some  conspicuous  part  of  the 
premises,  and  in  such  manner  as  may  be  prescribed;  and  thereupon  the  notice  shall  be  deemed  to  have  been  duly  given  to  all  persons 
concerned.] 

11. Sub-section (2) was substituted for the original by Bom. 62 of 1959, s.5 (b) 

(3) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may evict the person from, and 
take possession of, the premises and may for that purpose use such force as may be necessary. 

(4) The 12[competent authority] may, after giving fourteen clear day’s notice to the person from whom possession of the Government premises 
has been taken under sub-section (3) and after publishing such notice in the Official Gazette and in at least one newspaper having circulation in 
the  locality,  remove  or  cause  to  be  removed  or  dispose  of  by  public  auction  any  property  remaining  on  such  premises.  Such  notice  shall  be 
served in the manner provided for service of notice under sub-section (1). 

12. These words were substituted for the words "State Government" by Bom. 62 of 1959, s.5 (C) 

(5) Where the property is sold under sub-section (4), the sale proceeds shall, after deducting the expenses of sale, be paid to such person or 
persons as may appear to the 13[competent authority] to be entitled to the same: 

13. These words were substituted for the words "State Government" by Bom. 62 of 1959, s.5 (C) 

14[Provided that where the competent authority is unable to decide as to the person or person to whom the balance of the amount is payable or 
as  to  apportionment  of  the  same,  he  shall  refer  such  dispute  to  a  Civil  Court  of  competent  jurisdiction,  and  the  decision  of  the  Court  thereon 
shall be final.] 

14. This proviso was inserted, ibid, s.5 (d) 

(6) If a person who has been ordered to vacate any Government premises for the reasons specified in sub-clause (i) or (iii) of clause (a) of sub-
section  (1)  within  one  month  of  the  date  of  service  of  the  notice  or  such  longer  time  as  the  competent  authority  may  allow,  pays  to  the  said 
competent authority the rent in arrears or carries out or  otherwise complies with the terms  contravened by him to the satisfaction of the said 
competent  authority,  as  the  case  may  be,  the  said  competent  authority  shall  in  lieu  of  evicting  such  person  under  sub-section  (3),  cancel  its 
order made under sub-section (1) and thereupon such person shall hold the premises on the  same terms  on which he held them immediately 
before such notice was served on him. 

Explanation:- For the purposes of this section and section 5, the  expression “unauthorised  occupation” in relation to any person authorised to 
occupy  any  Government  premises,  includes  the  continuance  in  occupation  by  him  or  by  any  person  claiming  through  or  under  him  of  the 
premises after the authority under which he was allowed to occupy the premises has been duly determined. 

5. Power to recover rent or damages as arrears of land revenue:- (1) Subject to any rules made by the State Government in this behalf 
and without prejudice to the provisions of section 4, where any person is in arrears of rent payable in respect of any Government premises, the 
competent authority may, by notice served (i) by post, or (ii) by affixing a copy of it on the outer door or some other conspicuous part of such 
premises, or (iii) in such other manner as may be prescribed, order that person to pay the same within such time not less than ten days as may 
be specified in the notice. If such person refuses or fails to pay the arrears of rent within the time specified in the notice, such arrears may be 
recovered as arrears of land revenue. 

(2)  Where  any  person  is  in  authorised  occupation  of  any  Government  premises,  the  competent  authority  may,  15[in  the  manner  and  having 
regard to the principles of assessment of damages, prescribed] assess such damages on account of the use and occupation of the premises as it 
may deem  fit, and may, by notice served (i) by post or (ii) by affixing a copy  of it on the  outer door  or some other conspicuous part of  such 
premises, or (iii) in such other manner as may be prescribed, order that person to pay the same within such time not less than ten days as may 

  
be specified in the notice. If such person refuses or fails to pay the arrears of rent within the time specified in the notice, such arrears may be 
recovered as arrears of land revenue. 

15. These words were substituted for the words "in the prescribed manner" by Bom. 62 of 1959, s.6 

(3) No order shall be made under sub-section (2) until after the issue of a notice in writing to the person calling on him to show cause, within a 
reasonable period to be specified in such notice, why such order should not be made, and until his objections, if any, and any evidence  he may 
produce in support of the same, have been considered by the competent authority. 

16[6. Rent to be recovered by deduction from salary or wages of employee:- (1) Without prejudice to the provisions of section 4, where 
any persons to whom Government premises have been allotted, is- 

(a) an employee of the State Government, or 

(b) an employee of a local authority, who has executed an agreement as provided in sub-section (2), and is in arrears or rent due in respect of 
such premises shall on a requisition in writing made in that behalf by the competent authority be liable to be deducted from  the salary or wages 
payable to such person. On receipt of such requisition, the head of the Government department or office under whom such person is employed, 
or as the case may be, the local authority shall deduct from the salary or wages payable to such person the amount specified  in the requisition, 
and pay the amount so deducted to the competent authority in satisfaction of the amount due as aforesaid. 

 (2)  An  employee  of  a  local  authority  who  is  allotted  Government  premises  may  execute  an  agreement  in  favour  of  the  State  Government 
providing that the local authority by or under whom he is employed shall be competent to deduct from time to time the salary or wages payable 
to  him,  such  amount  as  is  specified  in  the  agreement,  and  to  pay  the  amount  so  deducted  to  the  competent  authority  in  satisfaction  of  any 
amounts due by him in respect of any Government premises allotted to him. 

16. Sections 6, 6A, 7 and 8 were substituted for section 6, 7 and 8, ibid, s.7 

6-A.  Power  of  competent  authorities:-A  competent  authority  shall,  for  the  purpose  of  holding  any  inquiry  under  this  Act,  have  the  same 
powers  as  are  vested  in  the  Civil  Court  under  the  Code  of  Civil  Procedure,  1908  (V  of  1908),  when  trying  a  suit,  in  respect  of  the  following 
matters, namely:- 

 
  
(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

(c) any other matter which may be prescribed. 

7. Appeals:-(1) An appeal shall lie from every order of the competent authority, made in respect of any Government premises, under section 4 
or  section 5 to an appellate officer who shall be the district Judge of the district in which the Government premises  are  situate, or  such other 
judicial officer in that district, being a judicial officer of not less than ten years’ standing, as the District Judge may designate in this behalf. 

(2) An appeal under sub-section (1) shall be preferred -- 

(a)  in  the  case  of  an  appeal  from  an  order  under  section  4,  within  thirty  days  from  the  date  of  the  service  of  the  notice  relating  to  the  order 
under sub-section (1) of the section; and 

(b) in  the  case  of  an  appeal  from  an  order  under  section  5,  within  thirty  days  from  the  date  of  the  service  of  the  notice  relating  to  the  order 
under sub-section (1) or (2) of that section, as the case may be. 

Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant 
was prevented by sufficient cause from filling the appeal in time. 

(3) Where an appeal is preferred from an order of the competent authority, the appellate officer may stay the enforcement of that order or such 
period, and so such conditions as he deems fit. 

(4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. 

(5) For the purposes of this section,  Greater Bombay  shall be deemed to be a district and the Principal Judge of the City Civil Court, Bombay 
shall be deemed to be the District Judge of the district. 

8. Finality of orders:-Save as otherwise expressly provided in this Act, every order made by a competent authority or appellate officer under 

  
  
this Act shall be final, and shall not be called in question in any original suit, application or execution proceeding.] 

17[8-A. Bar of jurisdiction:- No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of the eviction of any person 
from any Government premises on any of the grounds specified in section 4 or the recovery of the arrears of rent or the damages payable for 
use or occupation of such premises.] 

17. Section 8A was inserted by Mah. 12 of 1969, s.4 

9. Protection of action taken  in  good faith:- No suit, prosecution or  other legal proceedings shall lie against the State Government or the 
competent  authority in respect  of  anything  which  is in  good  faith  done  or  intended  to  be  done  in  pursuance  of  this  Act  or  any  rules  or  orders 
made thereunder. 

10. [Delegation]. Deleted by Bom. 62 of 1959, s.8. 

11. Penalty:-Any person who obstructs the lawful exercise of any  power conferred by or under this Act shall, on conviction, be punished with 
fire which may extend to one thousand rupees. 

12. Rules:- (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. 

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters 
namely:- 

(a) the forms of notices and other manner in which they may be served; 

18[(aa) the holding of inquiries under this Act;] 

  
  
  
  
  
18. Clause (aa) was inserted by Bom. 62 of 1959, s.9(a) 

(b) the procedure to be followed in taking possession of Government premises; 

(c)  the  manner  in  which  damages  for  unauthorised  occupation  may  be  assessed  19[and  the  principles  which  may  be  taken  into  account  in 
assessing such damages]; 

19. These words were added, ibid. 

(d) the manner in which appeals may be preferred and the procedure to be followed in appeals; 

(e) any other matter which has to be or may be prescribed. 

20[(3) All rules made under this section shall be laid for not less than thirty days before each House of the Legislature as soon as possible after 
they  are  made,  and  shall  be  subject  to  such  modifications,  as  the  Legislature  may  make  during  the  session  in  which  they  are  so  laid,  or  the 
session immediately following.] 

20. Sub-section (3) was inserted, ibid. s.9 (b) 

* For Statement of Objects and Reasons, See Maharashtra Government Gazette, 1955 Part V, Page.148. 

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